These Terms and Conditions (the “Agreement”) are effective upon the Client’s acceptance of the Contractor’s detailed project proposal (the “Proposal”). By accepting the Proposal, the Client agrees to be bound by the terms and conditions outlined below:
1. Scope of Work:
The Landscape Contractor (referred to as “Contractor”) agrees to provide comprehensive landscaping services that may include but also not limited to site assessment, design consultation, excavation, grading, planting, irrigation, hardscape installation, lawn maintenance, and ongoing snow plow services during the winter months. The specific services and deliverables are detailed in the accepted project proposal and incorporated into this Agreement by reference.
2. Payment:
a. The Client agrees to make a non-refundable deposit of 50% of the total project cost upon acceptance of the Proposal. The remaining balance shall be paid in monthly installments or at project completion per original proposal.
b. Payments are due according to the agreed-upon schedule. Late payments may incur a late fee of 2% of the outstanding balance per month until the payment is received in full.
c. If the Client fails to make the payments as per the agreed schedule, the Contractor reserves the right to halt work until payment is received. In case of non-payment, the Contractor shall have the right to file a mechanic’s lien on the property to secure the amount owed for the services provided.
d. Unless otherwise stated the payment terms will be Net 10.
3. Changes and Additional Work:
a. Any changes or modifications to the original scope of work must be mutually agreed upon in writing and may result in additional charges. The Client will be informed of the cost implications before any additional work is initiated.
b. The Contractor reserves the right to subcontract specialized tasks or assign additional work to qualified professionals to ensure the successful completion of the project.
4. Completion Timeline:
a. The Contractor agrees to complete the project within the agreed-upon timeline, taking into account weather conditions and unforeseen events. The Client will be promptly notified of any delays and the revised completion date.
b. Delays caused by factors beyond the Contractor’s control, such as adverse weather conditions or regulatory approvals, will not be grounds for termination and will not incur any penalties.
5. Warranty:
a. The Contractor warrants all workmanship and materials used in the project, please see warranty documentation for specific details.
b. The Client must notify the Contractor promptly of any defects or issues covered under the warranty. The Contractor will promptly rectify the situation at no additional cost to the Client.
6. Site Access and Preparation:
a. The Client agrees to provide safe and unobstructed access to the project site during reasonable hours for the Contractor and their employees.
b. The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.
c. The Client is responsible for the removal of any existing structures, trees, plants, or debris unless otherwise specified in the contract. If additional site preparation is required beyond the initial assessment, the Client will be notified of the necessary steps and associated costs.
d. If sidewalk snow maintenance is selected as an option: The Customer understands that the sidewalk crews may not work safely in extreme temperatures with a wind-chill of below (0) zero. The Contractor reserves the right to stop working in these severe conditions (without penalty), so as not to force unsafe conditions upon our employees.
7. Liability:
a. The Contractor shall maintain liability insurance and workers’ compensation coverage for all employees involved in the project.
b. The Contractor shall not be liable for any damages, injuries, or accidents that occur on the project site, except those directly caused by the Contractor’s negligence.
c. The Client is responsible for any damage to obstacles that protrude from the surface of the pavement. Client understands that snow plowing, by its very nature, involves pushing a steel blade over the surface of the pavement. If your pavement is defective, deteriorated, weakened, frost heaved, or was installed improperly, the results of this previous damage are more likely to appear after snow plowing. Contractor is not responsible for any damages to pavement or curbs unless Contractor has been negligent. Client is responsible for all damage caused to and/or by hidden objects.
d. The Client understands that plowing or ice control of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing or ice control services have occurred. The Client understands that the Contractor assumes no liability for this naturally occurring condition. During operations and after completion of operations, Client agrees to indemnify and save harmless the Contractor, and its employees, against any and all claims by the Client, its employees or third parties, their heirs, executors or administrators, arising on account of death or injuries to persons or damage to property, arising out of use of, or traveling at, or onto, the Property, whether or not such claim, damage, injury or death results from the negligence of Client, Contractor or others. Client shall defend all suits and claims arising from or incidental to the work under the Agreement, without expense or annoyance to the Contractor or its employees.
8. Termination:
a. Either party may terminate the contract in writing if the other party breaches any material term or condition of the agreement.
b. Upon termination, the Client agrees to pay for all completed work, materials, and any reasonable costs incurred up to the termination date.
9. Governing Law:
This agreement shall be governed by and construed in accordance with the laws of Michigan and the United States, and any disputes shall be resolved in the appropriate courts of that jurisdiction.
By accepting the Contractor’s detailed project proposal, the Client acknowledges that they have read, understood, and agreed to the detailed terms and conditions outlined herein. If signed by a corporate officer, partner, or fiduciary on behalf of a corporation, the Client has certified that they have the authority to execute the power of attorney. The undersigned on the Proposal certifies that he or she is the responsible Client employee or agent who is authorized to endorse this Agreement. The above specifications and conditions are satisfactory and are hereby accepted.
